Democratic Republic Of Congo

Dual Citizenship Democratic Republic Of Congo

Not Allowed

PRINCIPLE OF THE EXCLUSIVITY OF CONGOLESE NATIONALITY

Under the legal framework that governs Congolese nationality, the ban on dual nationality in the Democratic Republic Of Congo is the corollary of the principle of exclusivity of Congolese nationality.

The Congolese nationality is one and exclusive, it cannot coexist with another nationality, the choice made excludes the other nationality.

Thus, any person possessing a nationality other than Congolese nationality must declare and opt for one of these two nationalities (article 51 of the nationality law of 2004).

This principle is crystallized by the following legal instruments:

• The constitution of February 18, 2006 in its article 10 which specifies: “Congolese nationality is one and exclusive. It can not be combined with any other »
• Organic law no. 04/024 of November 12, 2004 in article 1 which states: “nationality is one and exclusive. She cannot be detained with another nationality. It is either of origin or through naturalization, option, adoption, marriage or birth and residence in the Democratic Republic of Congo"
• Ministerial Order No. 261/CAB/MIN/JUST/2006 of 07/04/2004 relating to implementing measures for certain provisions of the 2004 nationality law.

Two legal statuses regarding of Congolese nationality, namely the Congolese nationality of origin and the Congolese nationality by acquisition.

1. Congolese nationality of origin is recognized from the birth to the child taking into consideration two connecting factors of the individual to the Democratic Republic of Congo, namely his parentage with regard to one or two Congolese parents (jus Sanguinis), son belonging to ethnic groups and nationalities whose people and the territory constituting what became the Congo (currently the Democratic Republic of Congo) to independence (jus Sanguinis and jus soli) or its birth in the Democratic Republic of Congo (jus ground).

Thus, has original Congolese nationality under the terms of the law:

1. 1. the child of whom one of the parents – the father or mother – is Congolese.
   2. any individual belonging to ethnic groups and nationalities whose people and territory constituted what became the Congo (currently the Democratic Republic of Congo).
   3. The newborn child found on the territory of the Republic Democratic Congo whose parents are unknown; However, he will be deemed never to have been Congolese if, during his minority, his filiation is established with regard to a foreigner and if he has, in accordance with the national law of his parent, the nationality of this one.
   4. the child born in the Democratic Republic of Congo to parents having the status of stateless persons or foreign parents whose nationality is not transmitted to the child due to the legislation of the State of origin which only recognizes jus soli or does not recognize effect on nationality and natural filiation.
2.  The acquisition of Congolese nationality

The acquisition of Congolese nationality is distinct from the recognition of Congolese nationality of origin by the fact that the person concerned has, until the moment he acquires Congolese nationality, the quality of foreigner.

The law recognises five methods of acquiring the Congolese nationality, namely:

1. the acquisition of Congolese nationality through the effect of naturalization;
2. the acquisition of Congolese nationality through the option;
3. the acquisition of Congolese nationality through the effect of adoption;
4. the acquisition of Congolese nationality through marriage;